Broker #____________ Account #__________________
ADM INVESTOR SERVICES, INC. ON-LINE ACCESS AGREEMENT
This agreement is required to allow “Customer” to access ADM Investor Services, Inc. (“ADMIS”) electronic order entry system (the “System”). Upon execution of this agreement , ADMIS will allow Customer access to the System for the purpose of transmitting orders electronically to either open outcry markets or electronic trading facilities to purchase and sell futures and options on futures contracts. It also may include access to real-time information pertaining to accounts carried by our firm. In addition, ADMIS may provide access to quotes, market views, research and other information, which may be useful for Customer’s trading activities. All of this information is believed to be accurate, timely and reliable, but is not guaranteed. ADMIS will allow access to the System at no charge, subject to the following terms and conditions: 1. Customer agrees to use the System only in the ordinary course of its own business and will not give any unauthorized person(s) access to the System. Customer access to System will be limited and monitored through ADMIS' selected security mechanism. Any attempt by Customer to circumvent such security mechanism will result in immediate termination of Customer’s access to the System. Customer must provide safeguards to prevent unauthorized use of the System and agrees to notify ADMIS immediately should Customer become aware of any theft, loss of confidentiality, or unauthorized use of Customer’s access number(s), password(s), and/or account number(s) or any other breakdown or circumvention of the System security. ADMIS reserves the right to restrict and/or terminate Customer’s access to the System, or any portion of it, without notice and without limitation, for any reason whatsoever. ADMIS shall use its best efforts to ensure the accuracy and reliability of the System, however, ADMIS makes no warranties or representations, expressed or implied, regarding the System and under no circumstances will ADMIS be responsible or liable to Customer for any direct or indirect damages, including but not limited to lost profits, trading losses or damages resulting from delays, loss of use of the System, System errors, System failure, breakdown of electronic or mechanical hardware or software, communication failures, whether line or other telephonic problems, unauthorized use of Customer’s access number(s), password(s), and/or account number(s), or any caused by circumstances beyond the reasonable control of ADMIS, including but not limited to: Acts of God or public enemy, fire or other casualty, labor disputes, or failure of Communications Companies. Customer agrees that ADMIS shall have no liability for the accuracy, completeness or timeliness of the information available for use or for any decision made or action taken by Customer in reliance upon the information, or lack of information, when using the System. Customer will use the System to enter orders independently, without the assistance of a futures broker. As a result, orders entered through the System may not have the benefit of review by another party who potentially could detect and/or prevent errors from occurring. Accordingly, Customer accepts sole responsibility for the results of orders entered electronically, and assumes all liabilit y for the risks involved in such trading and the specific risks involved in the electronic transmission of orders. Any such orders received by ADMIS are deemed to have been placed by Customer in the form received. Some of the specific risks inherent in the electronic transmission of orders are beyond the control of ADMIS and include, but are not limited to capacity constraints in the System which may affect the ability of the order to be transmitted in a timely manner; facility breakdowns which may prevent or hinder the transmission of orders via the System on a timely basis; power supply requirements may not be met, which may delay or prevent the transmission of Customer’s orders electronically; Customer’s Internet Service Provider may not be able to provide timely access to the System; the System may not provide a clear indication of whether Customer’s order has been accepted and/or transmitted to the execution facility. In addition, there are numerous ways to incorrectly enter an order such as inputting a buy vs. a sell, entering the incorrect quantity or price, indicating the wrong commodity or contract month and/or duplicating orders. By signing this
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document, Customer understands that these and other kinds of errors can result in significant losses and Customer accepts full responsibility for the financial impact of such transactions 5. Customer understands that limits may be placed on Customer orders entered via the System. This may include limits based on account equity in comparison to margin required for potential new positions and may result in the rejection of a particular order and the inability of Customer to establish additional positions. Limits may also be placed on the size and types of positions that Customer is allowed to accumulate, the size of orders accepted and/or on the amounts of losses Customer is allowed to incur through use of the System. Customer also fully realizes and understands that, despite such restrictions, adverse market movements or delays in the transmission of orders may result in losses in excess of any preset limits. The imposing of such limits by ADMIS does not in any way relieve Customer of his obligations and responsibility for losses incurred in excess of such limits, regardless of the cause of the losses. Customer will at its own expense, supply the necessary personnel, equipment, electrical outlets, and power required on Customer premises to access the System. Additionally, Customer will be responsible for all telephone or data communications costs. ADMIS reserves the right to modify or discontinue the operation of the System at any time without notice. Customer agrees to indemnify and hold harmless ADMIS or any of its subsidiaries or affiliates from any and all claims, losses, liability, costs and expenses (including but not limited to attorney’s fees) arising from Customer’s violation of this Agreement and all claims by third parties in any way connected with or arising out of Customer’s use of the System. This indemnification and hold harmless obligation shall survive the termination of this Agreement. By executing this Agreement, Customer represents that Customer has read and understands the foregoing terms and conditions and agrees to be bound by such terms and conditions. All other terms, condit ions, covenants, and promises contained in the ADMIS Customer Agreement shall remain in full force and effect, except as noted herein. All actions or proceedings arising directly, indirectly or otherwise in connection with, out of, related to, or from this Agreement or any transaction covered hereby shall be governed by the laws of the State of Illinois and may, at the discretion and election of ADMIS, be litigated in courts whose site is within Illinois.
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ACCEPTED BY:
_____________________________________ Customer Signature
_____________________ Date ACCOUNT #___________________
PRINT CUSTOMER NAME________________________________ CUSTOMER ADDRESS___________________________________ CITY, STATE, ZIP CODE__________________________________ E-MAIL ADDRESS_______________________________________
BROKER APPROVAL: BY: _______________________________ BY:
ADM INVESTOR SERVICES, INC. ______________________________